MIDDLESBROUGH COUNCIL

APPLICATION FOR A PRIVATE HIRE AND/OR HACKNEY CARRIAGE DRIVER LICENCE

This application should be returned to the Principal Licensing Officer, Middlesbrough Council and will not be accepted unless it is accompanied by:

1. DVLA driving licence photocard and a completed Driving Entitlement Consent Form 2. Medical Certificate (if applicable) 3. DSA appointment date and reference number 4. Correct fee (PH/HC/C) – 1year £204 - 3year £288 5. Documentation and fee (£44) required to complete Disclosure and Barring Service application (criminal records

check) – see attached guidance notes

What Type Of Licence Are You Applying For?

Private Hire Hackney Carriage Combined

Saloon Wheelchair Accessible Duration One Year Three Years

Full Name:

Do you/have you ever spelt your name another way or used a variation of your name? Yes No If YES, please provide details of all variations, use additional sheet if necessary:

Address:

Mobile Tel No:

Nationality:

Date of Birth: National Insurance Number:

To be completed by the proprietor of a Hackney Carriage/Private Hire Vehicle licensed by Middlesbrough Council I will employ …………………………………………………………………………………………………………………….. to drive my licensed Hackney Carriage/Private Hire Vehicle if his/her application is successful. Signed ……………………………………………………………………………………………….………………………….. Print Name and Address ………………………………………………………………………………………………………. Date .…………………………………………………………………………………….

Please give details of any employment over the last 5 years. Start with your current employment (where applicable)

Employer Position Held Date(s) Reason For Leaving

How long have you held a full driving licence? years months

Driving licence number: _________________________ Date of expiry: ________________________________

Do you/have you ever held more than one DVLA driving licence? If YES, please provide details, use additional sheet if necessary: Yes No

Have you ever reported your DVLA driving licence as lost or stolen? If YES, please provide details, use additional sheet if necessary: Yes No

Do you hold a PCV/HGV licence? Yes No

Do you hold or have you held any type of Hackney Carriage/Private Hire licence issued by this or any other licensing authority within the last 5 years? Yes No If YES, please state: Name of Authority: _________________________________ Licence Number: ___________________________

Have you ever been refused a licence or had any licence suspended or revoked by this or any other licensing authority within the last 5 years? Yes No If YES, please state: Name of Authority: _________________________________ Licence Number: ___________________________

Are you aware of any ENQUIRIES OR INVESTIGATIONS of any kind or description being made by the Police or any Local Authority? Yes No If YES, please provide details, use additional sheet if necessary:

Have you ever had any summons served on you for any offence(s) which has NOT been heard at Court? Yes No If YES, please provide details, use additional sheet if necessary:

Have you ever been cautioned for or convicted of a criminal offence? If YES, please provide details, use additional sheet if necessary: Yes No

Have you ever been convicted of a motoring offence, including drink driving which is not now spent? Yes No If YES, please provide details, use additional sheet if necessary:

Please note, you will be required to complete a criminal records check form for the Disclosure and Barring Service and give the Licensing Section access to any police record you may have.

State the name and address of three persons who may be contacted to provide a reference in relation to your fitness to hold a Hackney Carriage and/or Private Hire Vehicle driver licence. Referees should persons known to you for at least two years, who are not related or involved in the taxi trade. One must be your last employer.

Referee 1 Referee 2 Referee 3

Name

Address

Occupation

Relationship to you

WARNING

The making of a false statement or submission or omission of any material particular either knowingly or recklessly can lead

to prosecution. The maximum fine is £1,000.

DECLARATION: If a licence is granted I undertake to comply with the legislation, Council policies, Byelaws and all conditions attached to the grant of such licence. I understand that to make a false statement knowingly or recklessly, or omit any information from this application is an offence and may result in prosecution and/or revocation of the respective licence. I declare that to the best of my knowledge and belief the information provided on this form is true and correct. I also confirm that I am legally entitled to work in the UK. I hereby acknowledge receipt of* Private Hire Driver conditions and policies/Hackney Carriage laws, byelaws and policies. I understand that if a licence is granted I am required to comply with the conditions/laws/byelaws attached to my licence at all times and my failure to do so may result in further action being taken against me. I understand that I have the right of appeal against any conditions attached to my licence and that such right of appeal must be exercised by me within 21 days of the grant of my licence. I further understand that I am required to notify the Council, in writing, within 7 days of any motoring conviction, criminal conviction or Police caution. Applicant’s Signature: _______________________________ Date: _____________

By completing this document you give Middlesbrough Council the authority to collect and retain information about you for the purpose of licensing yourself as a Private Hire Vehicle and/or Hackney Carriage driver. In order to grant a licence we may need to check this information with other enforcement agencies, local authorities or government departments. We must protect the public funds we handle so we may use the information you have provided on this form to prevent and detect fraud. We may also share this information with other enforcement agencies including those organisations which handle public funds. Middlesbrough Council will not disclose information about you unless the law permits. Middlesbrough Council is the Data Controller for the purposes of the Data Protection Act. If you want to know more about the information the Authority holds about you, or the way the Authority uses that information, please contact the Data Protection Officer, Middlesbrough Council, PO Box 500, Town Hall, Middlesbrough, TS1 9FT or refer to Data Protection at www.middlesbrough.gov.uk

FOR OFFICIAL USE ONLY

Date Received: Fee Paid: Receipt No:

CRB sent: CRB returned:

Medical Received: DSA test date:

DSA reference number: DSA certificate received:

DVLA licence produced: DVLA mandate received:

Rules/regs booklet issued: DVLA checked:

Knowledge test: No. of penalty points:

Knowledge test pass date: References sent:

Referred to SLO: Returned:

Committee Referral: YES/NO Date of Committee:

Committee Decision: Badge issued:

Licence issued: Licence expiry date:

DISCLOSURE AND BARRING SERVICE CHECK PROCEDURE

You will be required to complete a Disclosure and Barring Service application form in the Licensing Office when you submit your application. If you do not complete this form your application will not be accepted. A member of the Licensing Counter Team will complete your application form on your behalf and you will be required to check and sign the form. You must pay a fee of £44, either in cash, a cheque, a postal order or a debit/credit card payment, made payable to ‘Middlesbrough Council’. The Licensing Section will forward your application form to the Disclosure and Barring Service. To enable us to validate your application form you will need to provide us with a range of documents from the list below. Identification Requirements You must produce all of the following for inspection: • Passport

(if non EU Passport then current Work Permit/Visa should also be produced) • Photo card DVLA Driving Licence • National Insurance Number (NI Card or an official letter/document showing your National Insurance number) If you are unable to produce a Passport or Photo card Driving Licence then you must also provide: Birth Certificate (issued within 12 months of date of birth) If you have changed name recently and your Passport/DVLA Driving Licence are not in your correct name then you must produce either a Marriage Certificate or Deed Poll Certificate Two of the following to establish your current address:- Gas Bill, Electric Bill, Bank Statement or Credit Card Statement which is less than 3 months old Mortgage Statement, Insurance Statement or Council Tax Statement which is less than 12 months old Incomplete applications will not be accepted – all documentation must accompany the form Applicants should be aware that the Disclosure and Barring Service have produced a Code of Practice in relation to criminal records disclosures. A copy of this document is available from www.gov.uk

You can download a large print version of this document via

www.middlesbrough.gov.uk/taxis

You can also request a large print version of this document via email

licensing@middlesbrough.gov.uk or by ringing the Licensing Office on 01642 728011.

Hackney Carriage Drivers – Laws, Byelaws and Council Policies

In much the same way as the Council has to determine that a person is ‘fit and proper’ to hold a private hire driver licence, so

must the Council consider the suitability of applicants for hackney carriage driver licences.

Hackney carriage drivers have a slightly different role to private hire drivers in that the hackney carriage driver can ‘ply for hire’

on the streets of Middlesbrough. We do however, expect the same qualities of safe driving, courteous behaviour, honesty and

integrity from all our hackney carriage drivers and a thorough working knowledge of places of interest and of importance, e.g.

museums, hospitals, recreation facilities.

Hackney carriage driver applicants are subject to the same rigorous vetting procedure as private hire drivers. The Council,

however, cannot attach conditions to the hackney carriage driver licence and so ensures the continuing high standards by

making byelaws to, amongst other things, regulate the hackney carriage driver’s behaviour throughout the duration of his/her

licence. The Council also has a number of policies in relation to hackney carriage drivers. These policies place certain

requirements upon new applicants for hackney carriage driver licences and indicate to licensed drivers, the standards which the

Council expects them to maintain.

The following pages contain abbreviations of various pieces of legislation as follows:

TPCA – Town Police Clauses Act 1847

LG(MP)A – Local Government (Miscellaneous Provisions)Act 1976

Byelaw – County Borough Of Teesside Hackney Carriage Byelaws

Laws / Byelaws

1. Authorised Officers

Section 73 LG(MP)A

HC drivers must not obstruct any authorised officer of the Council or Police Officer. Drivers must provide any assistance or information

the officer may reasonably require

2. Badges

Byelaw 14

Upon the granting of a HC driver licence, an identification badge is issued to the driver. This badge must be worn on the drivers person

when standing or plying for hire, or when hired.

3. Charging

Section 58 TPCA

HC drivers must ensure that only the fare displayed on the taximeter at the end of the journey can be charged unless a lesser fare has

been agreed

4. Compensation

Section 63 TPCA

If any hurt or damage has been caused to any person or property by the driver of a HC, the Justice before whom the driver was

convicted may direct that the proprietor of the HC shall pay a reasonable compensation for such hurt or damage. The proprietor may

recover the compensation from the driver.

5. Conduct of a Driver

Byelaws 10 and 15

HC drivers must always be clean, respectable and polite.

They must:

a) Assist passengers with their luggage

b) Ensure the safety of their passengers

c) Behave in a civil and orderly manner

6. Drink Driving

Section 61 TPCA

In addition to any offences under other legislation, it is an offence to drink and drive while acting as a HC driver and also to drive in

such a way that may harm or put in danger any person

7. Drivers Must Be Licensed

Section 46 TPCA

Once a vehicle is licensed as a HC, every driver of that vehicle must hold a current HC driver licence, whether the vehicle is used as a

HC or a private vehicle.

8. Equal Opportunities

Equal Opportunities Act, Race Discrimination Act

HC drivers must at all times treat their passengers or any potential passenger with courtesy and respect. They must not discriminate

against any person because of their race, creed, gender, disability or age.

9. Lost Property

Byelaw 19 and 20

HC drivers must check their vehicle after each and every journey to ensure that passengers have not left property within the vehicle. If

a driver finds property they should return it to the passenger if possible and if not, then they should hand the property to the Police within

48 hours.

10. Carrying Of Passengers

Sections 51 & 59 TPCA

a) The driver of a HC must not carry more persons than the number displayed on the vehicle licence plate.

b) The driver of a HC must not allow any other person to be carried in the vehicle without the consent of the hirer

11. Obstruction

Section 64 TPCA

It is an offence to wilfully obstruct the driver of another HC in setting down or picking up passengers or prevent another driver from being

hired.

12. Other Persons Not To Drive Hackney Carriages

Section 60 TPCA

HC drivers must not allow any other person to drive the HC without consent of the vehicle proprietor.

13. Parking

Section 62 TPCA

The driver of a HC must not leave the vehicle unattended in any street or public place.

14. Production of Licence

Section 53 LG(MP)A

A HC driver must produce their HC driver licence when asked to do so by an authorised officer or police constable.

15. Prompt Attendance

Byelaw 11

If an arrangement has been made to pick up a fare at a certain time and place, then HC drivers must be on time unless unavoidably

delayed.

16. Ranks

Byelaw 8

A HC driver must, when plying for hire (and not actually hired) travel to a HC rank. If that rank is full they must proceed to another rank.

When arriving at a rank which is not full they must park their vehicle behind any HC already there. When the vehicle in front drives off,

the driver must then move forward and fill that space.

17. Refusal to Carry Passenger

Section 53 TPCA

a) If the driver of a HC refuses to carry the number of passengers shown on the licence plate or less s(he) will be guilty of an offence.

b) The driver of a HC who refuses without reasonable cause to drive a passenger to a particular place or refuses to carry a passenger

will be prosecuted.

Remember that passengers are not bound by any gentleman’s agreement in relation to their selection of a vehicle at a HC

rank. A passenger may therefore choose not to travel in the first vehicle available on a rank and drivers must allow them to do

so without argument or dispute.

18. Charging/Fares

Sections 54, 56 & 58 TPCA, Sections 66 & 69 LG(MP)A, Byelaw 6

a) If the driver of a HC agrees a fare which will be less than shown on the meter they must not then try to charge more than they

originally agreed. If a prior agreement was made for a fare that turns out to be higher than that shown on the meter, the passenger

need only pay the metered fare.

b) If an agreement of a fare was made to carry a passenger for a particular distance, then the passenger must be carried for that full

distance.

c) The driver of a HC is entitled to charge the rate of fare listed on the tariff card in the vehicle. The driver of the HC must not ask for a

fare greater than that displayed on the taximeter.

d) Any driver of a HC who is convicted of taking a fare greater than that authorised by the current table of fares, may be required to

return the overcharge as well as being fined for the offence. The driver or the owner of the vehicle must not conceal the table of

fares while the carriage is plying or being used for hire.

e) If the driver of a HC is carrying a passenger on a journey ending outside of the district of Middlesbrough and where no agreement

has been made in relation to a fixed fare for that journey, s(he) must not charge more than the fare shown on the taximeter.

f) Where a HC driver is carrying passengers s(he) must drive them to their destination by the shortest route, unless an alternative

route has been agreed with the passengers prior to the commencement of the journey

g) The driver of a HC shall, as soon as a HC is hired by distance and before commencing the journey, bring the machinery of the

taximeter into action and keep the machinery of the taximeter in action until the termination of the hiring. The taximeter must be

activated before each and every journey, regardless of whether a fare has been previously agreed for that journey and regardless of

the destination.

h) The total number of people carried in a HC, including children, must not exceed the maximum number of persons allowed to be

carried in the vehicle (indicated on the vehicle’s HC licence plate)

19. Return of Badge

Section 61LG(MP)A

HC drivers must return their driver identification badge to the Council upon request of an authorised officer if it has expired, been

suspended or revoked.

20. Taximeters

Byelaws 6 & 7

a) If the taximeter is fitted with a device showing the words ‘FOR HIRE’ it must be kept locked in position in which the words are

horizontal and legible when standing or plying for hire.

b) As soon as the HC is hired the driver must operate the sign so that the words ‘FOR HIRE’ are not legible to any persons

outside the HC.

c) The taximeter must be illuminated during any hiring through the hours of darkness and also at any other time at the request of

the hirer.

d) The driver of a HC must not tamper with or allow any other person to tamper with a taximeter, it’s fittings or seals.

21. Vehicles Must Be Licensed

Section 45 & 52 TPCA, Byelaw 2

a) It is an offence to use a vehicle as a HC without the appropriate HC drivers licence, while the vehicle’s licence is suspended or

without displaying the number of the HC on the vehicle.

b) The driver of a HC must ensure the Council’s identification plates are properly displayed on the vehicle and not concealed from

public view or defaced in any way.

The list of laws above should be taken as a guide only and it is the responsibility of a HC driver to ensure that they are familiar with all laws in

relation to driving HC vehicles before they commence work

Council Policies

1. Driver Fitness

Drivers must be “fit and proper” to be licensed. To help determine this, drivers must:

a) Pass a Council test which requires them to satisfy a Council Officer of their knowledge of: the laws relating to driving hackney

carriages, basic highway code, routes around the area and locations of places of interest or importance, the location of all

hackney carriage ranks in the Middlesbrough area and current hackney carriage tariffs. The test will also include a section on

basic numeracy and literacy. If a person fails any section of the test, the test will cease at that point. Every applicant will be

provided with a pass/fail sheet following his/her test. If an applicant fails one test a charge will be levied for each subsequent

test.

b) Produce a pass certificate for the Driving Standards Agency ‘taxi test’.

c) Produce their full DVLA driving licence.

d) Produce a medical certificate providing evidence that they meet the Group 2 medical standards applied by the DVLA in

relation to bus and lorry drivers.

e) Complete in full the required application form

f) Provide three character references from persons known to the applicant for at least two years, who are not related or involved

in the taxi trade. One must be their last employer

g) Request a form from the Criminal Records Bureau that will allow a criminal records check to be completed. Where a criminal

record does exist, drivers may be referred to the Licensing Committee where their suitability to hold a drivers licence will be

considered. In addition, any driver who obtains a conviction for any offence after a licence has been granted, may be referred

to the Committee for a review of the licence.

h) Notify the Council within 7 days of any change of address.

i) Drivers who want to drive wheelchair accessible taxis must undertake the disability awareness training course offered through

the Council and sign an undertaking stating that they are competent in the correct use of the securing systems used in the

particular wheelchair accessible hackney carriage they intend to drive.

j) Provide a full employment history for the preceding five years

k) Provide proof of their future employer before a badge/licence is issued.

2. Accidents and Damage To Vehicles

HC drivers must thoroughly check a vehicle before driving to ensure roadworthiness. Drivers must report immediately to the

owner/operator of the vehicle, any defects or damage to the vehicle that make the vehicle unroadworthy, i.e. would cause the vehicle to

be suspended and which occur during the course of their work. They should then return the vehicle to its base until defects/damage

have been rectified.

3. Animals

HC drivers are only permitted to carry animals belonging to their passengers and only when such an animal is accompanied by the

owner. If drivers do carry an animal then it must be carried in the rear of the vehicle with the exception of assistance dogs. Drivers are

not obliged to carry an animal that is not an assistance dog. HC drivers have a legal obligation to carry a passenger who is

accompanied by their own assistance dog.

4. Assistance Dogs

Whenever carrying passengers who are accompanied by an assistance dog, HC drivers must allow the dog to travel in the vehicle

alongside the passenger. It is best practice to have the passenger sit in the front passenger seat and allow the dog to sit in the front

footwell of the vehicle.

5. Change of Address

HC drivers must let the Council know in writing within 7 days if they change their home address.

6. Change of Employer

HC Drivers are required to inform the Council, within 7 days in writing, if they change their employer.

7. Complaints

If a HC driver receives a complaint from a customer and is unable to resolve the issue himself, then he must advise the customer of the

Council’s contact number detailed on the complaint stickers in each HC.

8. Conduct of Driver

HC drivers must not: -

a) Drink, or eat without the permission of their passengers

b) Play music or a radio without the permission of their passengers

c) Engage in any sexual activity with their passengers, make inappropriate personal contact or make inappropriate comments of

a sexual nature

d) Cause any noise nuisance whether inside or outside of their vehicle. This includes the sounding of horns and banging of

doors etc.

9. Convictions

If HC drivers are cautioned for, or convicted of, any motoring or criminal offence or made subject to a CRASBO, ASBO or Injunction

they must notify the Council, in writing, within 7 days.

10. Dress Code

Drivers should be clean and tidy at all times and adhere to the following dress code:

a) Vest style sleeveless tops must not be worn

b) Short or mid length trousers are not permitted

11. Driver Improvement Scheme

Any HC driver with 9 or more penalty points on their DVLA licence or with a history of poor driving will be referred to the Licensing

Committee for consideration of their suitability to continue to drive HC’s. As a result of the Committee hearing, the driver may be

required to successfully complete a suitable driver improvement scheme identified by the Council, at his own expense

12. Fitness of Vehicle

Drivers must check their vehicle for general roadworthiness prior to commencing work. These checks should include the lights and

tyres of the vehicle. Drivers should also check that the appropriate Council signage and plates are affixed to the vehicle.

13. Insurance

HC drivers must check with their employer that they are insured to drive a vehicle before they commence work. The driver must ensure

that they have sight of the insurance document that covers them to drive the vehicle BEFORE they drive the vehicle.

14. Loss/Theft of Badge or Licence

HC drivers must report the loss or theft of their licence/identification badge to the Licensing Office as soon as the loss becomes known.

They should then report the matter to the Police within 24 hours.

15. Loss or Theft of Vehicle Plate

If a HC driver becomes aware that the HC licence plate on his vehicle is lost or stolen, then they should report the fact to their employer

immediately.

16. Medical Condition

HC drivers must notify the Council, within 7 days, of any change in their medical condition that may affect their ability to drive. Drivers

are required to meet the standards of the DVLA group 2 medical standard which can be obtained either from the DVLA website or the

Licensing Section

17. Mobile Phones

If a HC driver uses a mobile phone then they must ensure that they comply with the law in relation to the use of mobile phones in

vehicles.

18. Guidance on Convictions

Prior to submitting an application, prospective drivers will be given a copy of the Council’s guidance relating to the relevance of

convictions, cautions and driver conduct. This gives an indication of action that may be taken by the Council, should an applicant have

prior criminal convictions. This guidance is an indication only. Middlesbrough Council considers each application on it’s own merits.

19. Obstruction of Plates

HC drivers must not conceal any information displayed on any official sign required to be affixed to a HC.

20. Receipts

A HC driver must provided a receipt to a customer upon request. This receipt should include the following : Name of hirer, date and

time of journey, starting point and destination, price, driver name, driver badge number.

21. Safety Equipment

The driver of a HC shall ensure that:

a) A fire extinguisher suitable for use in the vehicle and which conforms to British Safety Standards is secured in the vehicle for the use

of the driver. The driver has a duty of care to ensure that the fire extinguisher is in good working order.

b) An appropriate and fully equipped First Aid kit is readily available in the vehicle. A list of the appropriate contents of the First Aid kit

can be obtained from the Licensing Section

Both the fire extinguisher and first aid kit must be marked, with a permanent marker, with either the vehicle plate number or the licence

number of the vehicle’s driver. Eg. HV 045 or HD 065

COMPLIANCE WITH THIS CONDITION DOES NOT PLACE ANY OBLIGATION ON THE PROPRIETOR OR DRIVER OF THE

VEHICLE TO ADMINISTER FIRST AID OR DO ANYTHING WHICH WOULD CONSTITUTE ANY LIABILITY ON THEIR PART

22. Seatbelts

Hackney carriages must be fitted with seat belts for every passenger the vehicle is licensed to carry. Included at Appendix 1 of this

document is a table clearly indicating the Council’s current conditions in relation to the wearing of seatbelts.

23. Wheelchair Accessible Vehicles

HC drivers must ensure that if they intend to work in a wheelchair accessible vehicle, they have received the correct training from the

vehicle owner in relation to the correct and safe use of any ramps, wheelchair restraints or lifting equipment supplied with the vehicle to

ensure the safe access, transportation and egress of any wheelchair bound passenger.

Drivers of wheelchair accessible vehicles must have either a Council issued wheelchair accessible vehicle driver badge or an

appropriate exemption notice. Drivers must also sign an undertaking stating that they are competent in the correct use of the securing

systems used in the particular wheelchair accessible HC they are intending to drive.

Prior to commencing work in a wheelchair accessible vehicle a HC driver must ensure that the correct ramps and passenger restraints

are available for use within the vehicle. If such fittings are not available for use and in good working order, then the vehicle must be

returned to its owner as the vehicle is not considered fit for use as a hackney carriage.

When conveying a passenger using a wheelchair in a wheelchair accessible vehicle, a HC driver must use any lifts, ramps etc. supplied

with the vehicle, to afford easy and safe access into and out of the vehicle. The driver must give every assistance to the passenger and

should secure the wheelchair by means of the restraints in the manner prescribed by the vehicle manufacturer.

APPENDIX 1

FRONT SEAT REAR SEAT WHO IS RESPONSIBLE

CHILDREN UNDER 3

YEARS OF AGE

CORRECT CHILD

RESTRAIN MUST BE

USED. IF THE

CORRECT RESTRAINT

IS NOT AVAILABLE

THEN THE CHILD MUST

TRAVEL IN THE REAR

OF THE VEHICLE.

CORRECT CHILD

RESTRAINT MUST BE

USED. IF ONE IS NOT

AVAILABLE IN A

HACKNEY CARRIAGE,

MAY

TRAVEL

UNRESTRAINED

DRIVER

CHILD FROM 3RD

BIRTHDAY UP TO

135CM IN HEIGHT

(APPROX 4’5”) OR 12TH

BIRTHDAY

WHICHEVER THEY

REACH FIRST

CORRECT CHILD

RESTRAINT MUST BE

USED. IF THE

CORRECT RESTRAINT

IS NOT AVAILABLE

THEN THE CHILD MUST

TRAVEL IN THE REAR

OF THE VEHICLE.

CORRECT CHILD

RESTRAINT MUST BE

USED. MUST USE

ADULT SEAT

BELTS IF CHILD

RESTRAINT NOT

AVAILABLE IN A

HACKNEY CARRIAGE

DRIVER

CHILD AGED 12 OR

OVER, OR OVER

135CM IN HEIGHT

ADULT SEATBELT MUST

BE WORN

ADULT SEATBELT MUST

BE WORN

DRIVER

ADULT PASSENGERS SEAT BELT MUST BE

WORN

SEAT BELT MUST BE

WORN

PASSENGER

Children under 12 travelling in hackney carriages are not to be carried in the front passenger seat unless the appropriate child restraint is in place.

You can download a large print version of this document via

www.middlesbrough.gov.uk/taxis

You can also request a large print version of this document via email

licensing@middlesbrough.gov.uk or by ringing the Licensing Office on 01642 728011.

Private Hire Driver Conditions and Policies

Before licensing any driver, the Council has to be satisfied that (s)he is a ‘fit and proper’ person to hold such a licence. In

simple terms, we expect our licensed drivers to drive safely, behave courteously and be persons of honesty and integrity.

The position of a private hire driver is one of trust. The public must feel that they and their property are safe when using

private hire vehicles. Given that private hire vehicles are pre-booked and often collect passengers from their homes,

drivers will often be aware when houses are left unattended (e.g. taking someone to the airport for a holiday).

Furthermore, in response to Police drink drive initiatives, more people are using private hire vehicles socially and

passengers are often transported home at the end of a social evening in a less than sober condition. They may therefore

be vulnerable and reliant on the driver to take them home safely at reasonable cost.

Finally, lone women, children and people with disabilities are frequently transported in private hire vehicles. It is

therefore imperative, that prospective drivers are thoroughly vetted prior to the grant of a licence and are required, by

conditions imposed upon them, to maintain the high standard set by the Council for the duration of their licence.

Conditions

1. Accidents and Damage to Vehicles

PHV drivers must thoroughly check a vehicle before driving to ensure roadworthiness. Drivers must report immediately to the

owner/operator of the vehicle, any defects or damage to the vehicle that make the vehicle unroadworthy, i.e. would cause the

vehicle to be suspended and which occur during the course of their work. They should then return the vehicle to its base until

defects/damage have been rectified

2. Animals

PHV drivers are only permitted to carry animals belonging to their passengers and only when the animal is accompanied by its

owner. If drivers do carry an animal then it must be carried in the rear of the vehicle with the exception of assistance dogs. Drivers

are not obliged to carry an animal that is not an assistance dog.

3. Assistance Dogs

Whenever carrying passengers who are accompanied by an assistance dog, PHV drivers must allow the dog to travel in the vehicle

alongside the passenger. It is best practice to allow the passenger to sit in the front passenger seat and allow the dog to sit in the

front footwell of the vehicle. Drivers have a legal obligation to carry a passenger who is accompanied by their own assistance dog.

4. Authorised Officers

PHV Drivers must not obstruct any authorised officer of the Council or Police Officer. Drivers must provide any assistance or

information (s)he may reasonably require.

5. Change of Address

PHV drivers must notify the Council, in writing, within 7 days if they change their home address.

6. Change of Employer

PHV Drivers are required to inform the Council, within 7 days in writing, should they change their employer.

7. Charging

PHV drivers must ensure that they charge passengers only the fare previously agreed between the operator and the passenger. If

a taximeter is used then only the fare displayed on the taximeter at the end of the journey can be charged unless a lesser fare has

been agreed.

8. Complaints

If a PHV driver receives a complaint from a customer and is unable to resolve the issue himself, then he must give the customer the

Council’s contact number detailed on the complaint stickers in each PHV.

9. Conduct of Driver

PHV drivers must always be clean, respectable and polite

They must:

a) Assist passengers with their luggage

b) Ensure the safety of their passengers

PHV drivers must not:

a) Drink, or eat without the permission of their passengers

b) Play music or a radio without the permission of their passengers

c) Engage in any sexual activity with their passengers, make inappropriate personal contact or make inappropriate comments of a

sexual nature

d) Cause any noise nuisance whether inside or outside of your vehicle. This includes the sounding of horns and banging of doors

etc.

10. Convictions

If PHV drivers are cautioned for, or convicted of, any motoring or criminal offence or made subject to a CRASBO, ASBO or

Injunction they must notify the Council, in writing, within 7 days

11. Deposit of Drivers Licence

PHV drivers must give their PHV driver licence (paper part) to the proprietor of the PHV before driving a PHV. This part of their

licence will remain in the possession of the proprietor for the duration of their employment.

12. Dress Code

Drivers should be clean and tidy at all times and adhere to the following dress code:

a) Vest style sleeveless tops must not be worn

b) Short or mid length trousers are not permitted.

13. Equal Opportunities

PHV drivers must at all times treat their passengers or any potential passenger with courtesy and respect. They must not

discriminate against any person because of their race, creed, gender, disability or age.

14. Fitness of Vehicle

PHV drivers should check their vehicle for general roadworthiness prior to commencing work. These checks should include the

lights and tyres of the vehicle. Drivers should also check that the appropriate Council signage and plates are affixed to the vehicle

15. Insurance

PHV drivers must check with their employer that they are insured to drive a vehicle before they commence work. The driver must

ensure that they have sight of the insurance document which covers them to drive a vehicle BEFORE they drive the vehicle.

16. Loss/Theft of Badge/Licence

PHV drivers must report the loss or theft of their licence/identification badge to the Licensing Office as soon as the loss becomes

known. They should then report the matter to the Police within 24 hours.

17. Loss or Theft of Vehicle Plate

If a driver becomes aware that the PHV licence plate on their vehicle is lost or stolen, then (s)he should report the fact to their

employer immediately.

18. Lost Property

PHV drivers must check their vehicle after each and every journey to ensure that passengers have not left property within the

vehicle. If a driver finds property they should return it to the passenger if possible and if not, then they should hand the property to

the Police within 48 hours then report the find to their operator. PROPERTY SHOULD NOT BE HANDED TO A LICENSED

OPERATOR.

19. Medical Condition

PHV drivers must notify the Council, within 7 days, of any change in their medical condition that may affect their ability to drive.

Drivers are required to meet the standards of the DVLA group 2 medical standard which can be obtained either from the DVLA

website or the Licensing Section.

20. Mobile Phones

The use of mobile phones for PH purposes without the written consent of the Council is prohibited. If a PHV driver is permitted to

use such a phone then they must ensure that they also comply with the law in relation to the use of mobile phones in vehicles.

21. Obstruction of Plates or Signs

PHV drivers must not conceal any information displayed on any official sign the Council requires to be affixed to a PHV.

22. Other Persons not to Drive PHV

PHV drivers must not allow any other person to drive a PHV without consent of the vehicle proprietor

23. Passengers

PHV drivers must not carry more than the permitted number of passengers displayed on the PHV licence plate

24. Plying For Hire/Flag Downs

When not undertaking a booked fare, PHV drivers must not ‘rank up’ outside night clubs, public houses or any other place where

they are likely to attract unbooked fares.

25. Prompt Attendance

If an arrangement has been made to pick up a fare at a certain time and place, then PHV drivers must be on time unless

unavoidably delayed.

26. Receipts

A PHV driver must provide a receipt to a customer upon request. This receipt should include the following: Name of hirer, date and

time of journey, starting point and destination, price, driver name, driver badge number.

27. Return of Badge

PHV drivers must return their driver identification badge to the Council upon request of an authorised officer if it has expired, been

suspended or revoked.

28. Safety Equipment

The driver of a PHV shall ensure that:

a) A fire extinguisher suitable for use in the vehicle and which conforms to British Safety Standards is secured in the vehicle for

the use of the driver. The driver has a duty of care to ensure that the fire extinguisher is in good working order.

b) An appropriate and fully equipped First Aid kit is readily available in the vehicle. A list of the appropriate contents of the First

Aid kit can be obtained from the Licensing Section.

Both the fire extinguisher and first aid kit must be marked, with a permanent marker, with either the vehicle plate number or the

licence number of the vehicle’s driver. Eg. PV 045 or PD 056

COMPLIANCE WITH THIS CONDITION DOES NOT PLACE ANY OBLIGATION ON THE PROPRIETOR OR DRIVER OF THE

VEHICLE TO ADMINISTER FIRST AID OR DO ANYTHING WHICH WOULD CONSTITUTE ANY LIABILITY ON THEIR PART

29. Seatbelts

PHV’s must be fitted with seat belts for every passenger the vehicle is licensed to carry. Included at Appendix I of this

document is a table clearly indicating the Council’s current conditions in relation to the wearing of seatbelts.

30. Taximeters

If a PHV is fitted with a taximeter, the driver must not conceal it or reset it until the passenger has seen it and paid the fare.

31. Wheelchair Accessible Vehicles

PHV drivers must ensure that if they intend to work in a wheelchair accessible vehicle, they have received the correct training from

the vehicle owner in relation to the correct and safe use of any ramps, wheelchair restraints or lifting equipment supplied with the

vehicle to ensure the safe access, transportation and egress of any wheelchair bound passenger.

Drivers of wheelchair accessible vehicles must have either a Council issued wheelchair accessible vehicle driver badge or an

appropriate exemption notice. Drivers must also sign an undertaking stating that they are competent in the correct use of the

securing systems used in the particular wheelchair accessible PHV they are intending to drive.

Prior to commencing work in a wheelchair accessible vehicle a PHV driver must ensure that the correct ramps and passenger

restraints are available for use within the vehicle. If such fittings are not available for use and in good working order, then the

vehicle must be returned to its owner as the vehicle is not considered fit for use as a private hire vehicle.

When conveying a passenger using a wheelchair in a wheelchair accessible vehicle, a PHV driver must use any lifts, ramps etc.

supplied with the vehicle, to afford easy and safe access into and out of the vehicle. The driver must give any necessary assistance

to the passenger and should secure the wheelchair by means of the restraints in the manner proscribed by the vehicle

manufacturer.

RIGHT OF APPEAL: By virtue of Section 52(2) of the Local Government Miscellaneous Provisions) Act 1976: Any person aggrieved by any of these conditions may appeal to a Magistrates Court within 21 days of the grant of the licence.

Council Policies

1. Drivers must be ‘Fit and Proper’ to be licensed. To determine this, drivers must:

a) Pass a Council test which requires them to satisfy a Council Officer of their knowledge of the laws relating to driving private

hire vehicles, basic highway code, routes and journeys within the area and locations of places of interest or importance. The

test will also include a section on basic numeracy and literacy. If a person fails any section of the test, the test will cease at

that point. Every applicant will be provided with a pass/fail sheet following his/her test. If an applicant fails one test a charge

will be levied for each subsequent test.

b) Produce a pass certificate for the Driving Standards Agency ‘taxi test’

c) Produce their full DVLA driving licence

d) Produce a medical certificate that provides evidence that they meet the Group 2 medical standards applied by the DVLA in

relation to bus and lorry drivers.

e) Complete in full the required application form

f) Provide three character references from persons known to the applicant for at least two years, who are not related or involved

in the taxi trade. One must be their last employer

g) Request a form from the Criminal Records Bureau that will allow a criminal record check to be completed. Where a criminal

record does exist, drivers may be referred to Licensing Committee where their suitability to hold a drivers licence will be

considered. In addition, any driver who obtains a conviction for any offence after a licence has been granted, may be referred

to Committee for a review of the licence.

h) Notify the Council within 7 days of any change of address.

i) Drivers who want to drive wheelchair accessible taxis must undertake the disability awareness training course offered through

the Council and sign an undertaking stating that they are competent in the correct use of the securing systems used in the

particular wheelchair accessible PHV they intend to drive.

j) Provide proof of their future employer before a badge/licence is issued

k) Provide a full employment history for the preceding five years

2. Illegal Plying For Hire

Any licensed PHV driver convicted of using an unlicensed Hackney Carriage (i.e. plying for hire) will be referred to the

Licensing Committee so that Members can consider whether (s)he is fit and proper to retain a PHV driver licence. Should

evidence be obtained that a driver is plying for hire in an unlicensed hackney carriage, then the driver will also be prosecuted

for the offence of no insurance.

3. Driver Improvement Scheme

Any PHV driver with 9 or more penalty points on his DVLA licence or with a history of poor driving will be referred to the

Licensing Committee for consideration of their suitability to continue to drive PHV’s. As a result of the Committee hearing, the

driver may be required to successfully complete a suitable driver improvement scheme identified by the Council, at his own

expense

4. Guidance on Conditions

Prior to submitting an application, prospective drivers will be given a copy of the Council’s guidance relating to the relevance

of convictions, cautions and driver conduct. This gives an indication of any action that may be taken by the Council, should an

applicant have prior criminal convictions. This guidance is an indication only. Middlesbrough Council considers each

application on its own merits.

APPENDIX 1

FRONT SEAT REAR SEAT WHO IS RESPONSIBLE

CHILDREN UNDER 3

YEARS OF AGE

CORRECT CHILD

RESTRAINT MUST BE

USED. IF THE CORRECT

RESTRAINT IS NOT

AVAILABLE THEN THE

CHILD MUST

TRAVEL IN THE REAR OF

THE VEHICLE.

CORRECT CHILD

RESTRAINT MUST BE

USED. IF ONE IS NOT

AVAILABLE, MAY

TRAVEL UNRESTRAINED

DRIVER

CHILD FROM 3RD

BIRTHDAY UP TO

135CM IN HEIGHT

(APPROX 4’5”) OR 12TH

BIRTHDAY

WHICHEVER THEY

REACH FIRST

CORRECT CHILD

RESTRAINT MUST BE

USED. IF THE CORRECT

RESTRAINT IS NOT

AVAILABLE THEN THE

CHILD MUST

TRAVEL IN THE REAR OF

THE VEHICLE.

CORRECT CHILD

RESTRAINT MUST BE

USED. MUST USE

ADULT SEAT

BELTS IF CHILD

RESTRAINT NOT

AVAILABLE

DRIVER

CHILD AGED 12 OR

OVER, OR OVER

135CM IN HEIGHT

ADULT SEATBELT MUST

BE WORN

ADULT SEATBELT MUST

BE WORN

DRIVER

ADULT PASSENGERS SEAT BELT MUST BE

WORN

SEAT BELT MUST BE

WORN

PASSENGER

Children under 12 travelling in hackney carriages are not to be carried in the front passenger seat unless the appropriate child restraint is in place